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PAY-ROLL TAX ADMINISTRATION AMENDMENT ACT 2004 No. 46 - SECT 16

16 Amendment of s 11A (Interpretation)

(1) Section 11A, heading--

omit, insert--

(2) Section 11A(1) to (2A)--

omit, insert--

'(1) In this subdivision--

annual adjustment amount, for the employer for a financial year, means the difference between--

(a) the employer's annual pay-roll tax amount for the year; and
(b) the employer's periodic liability for periodic return periods in the year.

annual deduction, for the employer for a financial year, means the greater of zero and the amount worked out using the following formula--

where--

A means the number of days in the part of the year starting on 1 July and ending on 31 December for which the employer pays, or is liable to pay, wages, other than foreign wages.

AD means the annual deduction in dollars.

AW means the employer's annual wages for the year.

B means the number of days in the part of the year starting on 1 January and ending on 30 June for which the employer pays, or is liable to pay, wages, other than foreign wages.

IW means the amount of interstate wages paid or payable in the year.

K means 850 000.

annual pay-roll tax amount, for the employer for a financial year, means--

(a) if the employer is not a group member on 30 June in the year and the employer's annual deduction for the year is greater than the employer's annual wages for the year--zero; or
(b) if the employer is not a group member on 30 June in the year and paragraph (a) does not apply--the amount worked out by applying the appropriate rate of pay-roll tax to the employer's annual wages for the year less the employer's annual deduction for the year; or
(c) if the employer is a group member on 30 June in the year--the amount worked out by applying the appropriate rate of pay-roll tax to the employer's annual wages for the year.

annual wages, for the employer for a financial year, means the total taxable wages paid or payable by the employer during the year.'.

(3) Section 11A(3), '(2)'--

omit, insert--

'(1), definition annual deduction'.

(4) Section 11A--

insert--

'(4) However, if the person lodged, or was required under section 14B to lodge, 1 or more final returns during the year, subsection (2) can apply in relation to the person only if the person did not pay, and was not liable to pay, taxable wages or interstate wages for a part of the year after the end of the last final period.

'(5) Also, the commissioner may treat the person, under subsection (2), as an employer only during the part of the year after the end of the last final period.'.

(5) Section 11A(3) to (5)--

renumber as section 11A(2) to (4).



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